JAKARTA - Coordinating Minister for Law, Human Rights, Immigration and Correction Yusril Ihza Mahendra explained that after being transferred to the country of origin, the punishment for the death penalty for the narcotics smuggling case Mary Jane Veloso would be the responsibility of the Philippines.
"The responsibility for fostering prisoners to carry out our state court decisions is left to the country concerned," said Yusril as quoted by ANTARA, Wednesday, November 20.
According to Yusril, the Philippine Government has the authority to determine the continuation of Mary Jane's crime after being transferred, including if giving clemency or remission to the person concerned.
Given that the Philippines is a country that has removed the death penalty from the Criminal Code (KUHP), it is possible for Philippine President Ferdinand R. Marcos Jr. to grant clemency to Mary Jane.
"If he has been returned to the Philippines, it is the authority of President Marcos to provide clemency. For example, he will be given a life clemency, then he will serve a life sentence in the Philippines based on the Indonesian court's decision," said Yusril.
Indonesia has fully handed this over to the Philippines.
"We respect that, it is entirely the authority of President Marcos in providing guidance to prisoners in his country," added the Coordinating Minister.
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Yusril said the transfer of prisoners was carried out with the principle of reciprocity. This means that if later there are Indonesian prisoners who are sentenced to crimes by other countries, Indonesia has the right to ask for the transfer of prisoners to the country.
"We maintain these principles to equalize the position of each country and each (state) also respect their respective legal sovereignty," he said.
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